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  #1  
Old 02-22-2006, 09:42 PM
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railroaded in child custody case


What is the name of your state? i am in arkansas
-I go to trial for change of custody on march 6th.
- Minor child has been appointed ad litem .
- I made the motion for the appointment of ad litem
-Do i need to reveal to both her and defendant's attorney list of witnesses i intend to call in my own defense?
- As Pro Se am i allowed the right to reveal only to child's attorney my concerns for the child or am i required to reveal information to both the child's attorney and defendants attorney all information concerning this case?
- if i have kept a journal that i want the child's attorney to know about am i required If I give this information to the child's attorney to reveal it to the defendant's attorney as well?
- Do i have the right to request that the child's attorney focus on the civil rights of the child if i believe that the child's rights have been violated that her attorney may not be aware of without revealing it to defendant's
attorney?
- I'm preparing my defense and i am not sure about what actions to take in these area's
  #2  
Old 02-22-2006, 09:50 PM
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Location: Massachusetts
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Quote:
Originally Posted by yolondastephens
What is the name of your state? i am in arkansas
-I go to trial for change of custody on march 6th.
- Minor child has been appointed ad litem .
- I made the motion for the appointment of ad litem
-Do i need to reveal to both her and defendant's attorney list of witnesses i intend to call in my own defense?
- As Pro Se am i allowed the right to reveal only to child's attorney my concerns for the child or am i required to reveal information to both the child's attorney and defendants attorney all information concerning this case?
- if i have kept a journal that i want the child's attorney to know about am i required If I give this information to the child's attorney to reveal it to the defendant's attorney as well?
- Do i have the right to request that the child's attorney focus on the civil rights of the child if i believe that the child's rights have been violated that her attorney may not be aware of without revealing it to defendant's
attorney?
- I'm preparing my defense and i am not sure about what actions to take in these area's

Yolanda...I can't answer your post, but I just wanted to say good luck...And you did a great job wording your post!!

Good Luck Honey!!
  #3  
Old 02-22-2006, 10:10 PM
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Quote:
Originally Posted by baystategirl
Yolanda...I can't answer your post, but I just wanted to say good luck...And you did a great job wording your post!!

Good Luck Honey!!
did i not word the questions right?
  #4  
Old 02-22-2006, 11:51 PM
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Quote:
Originally Posted by yolondastephens
did i not word the questions right?
-Is it required by law that i reveal information about the child's welfare to my ex's attorney as well as her attorney since there is no attorney/client confidentiality on either parties side where the ad litem is concerned?
- What is the process of witnesess testimony in child custody cases: do i need to notify my ex's attorney of witnesses i intend to use in my defense?
  #5  
Old 02-23-2006, 08:26 AM
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Quote:
Originally Posted by yolondastephens
What is the name of your state? i am in arkansas
-I go to trial for change of custody on march 6th.
- Minor child has been appointed ad litem .
- I made the motion for the appointment of ad litem
-Do i need to reveal to both her and defendant's attorney list of witnesses i intend to call in my own defense?

have they asked for this information? you may benefit by familiarizing yourself with the rules for civil procedure, that should help you answer any of these types of questions


- As Pro Se am i allowed the right to reveal only to child's attorney my concerns for the child or am i required to reveal information to both the child's attorney and defendants attorney all information concerning this case?

what do you mean reveal to the opposing attorney? have they asked for this info? have they sent you an interrogatory or asked for a depositon from you? if not, most of your concerns should have been laid out in your motion for modification, otherwise, they will hear your concerns during the hearings.



- if i have kept a journal that i want the child's attorney to know about am i required If I give this information to the child's attorney to reveal it to the defendant's attorney as well?

it probably wouldn't be a bad idea to give the GAL a copy of the journal, I am not sure if you must also provide opposing counsel with a copy

- Do i have the right to request that the child's attorney focus on the civil rights of the child if i believe that the child's rights have been violated that her attorney may not be aware of without revealing it to defendant's
attorney?

the GAL determines what is in the best interests of the child given all the facts of the case, they are not a civil rights attorney- I think focusing on that will just confuse your case

- I'm preparing my defense and i am not sure about what actions to take in these area's

like I said before, look up the rules for civil procedure for your county, most of these questions could be answered there, and probably some you haven't even asked....

Good Luck Yolanda!

Last edited by Zephyr; 02-23-2006 at 09:31 AM.
  #6  
Old 02-23-2006, 08:32 AM
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Location: Massachusetts
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Quote:
Originally Posted by yolondastephens
did i not word the questions right?

Yes..You did a great job...
  #7  
Old 02-23-2006, 09:05 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,766
Quote:
Originally Posted by yolondastephens
-Is it required by law that i reveal information about the child's welfare to my ex's attorney as well as her attorney since there is no attorney/client confidentiality on either parties side where the ad litem is concerned?
- What is the process of witnesess testimony in child custody cases: do i need to notify my ex's attorney of witnesses i intend to use in my defense?
Dear you need to read your state's rules of Civil procedure. It will explain to you all of your questions.
  #8  
Old 02-23-2006, 11:16 AM
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Unhappy

[quote=Ohiogal]Dear you need to read your state's rules of Civil procedure. It will explain to you all of your questions.[/QUOTE
-

_I will read Civil Law Procedures for this county
-no on has requested anything from me
- thanks for your help
- I will keep you posted
  #9  
Old 02-23-2006, 11:36 AM
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Location: Ohio
Posts: 31,766
[quote=yolondastephens]
Quote:
Originally Posted by Ohiogal
Dear you need to read your state's rules of Civil procedure. It will explain to you all of your questions.[/QUOTE
-

_I will read Civil Law Procedures for this county
-no on has requested anything from me
- thanks for your help
- I will keep you posted
You are welcome. But realize something -- you also need to know the STATE's rules of civil procedures because what the county doesn't cover the state will. Good luck to you.
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